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Author: Alexander Spring
Publisher: Dike Publishers
ISBN: 9783037516560
Category : Neutrality
Languages : en
Pages : 0
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Book Description
Even though 'neutrality' - the non-participation of states in international armed conflicts - is a well-known concept of traditional international public law, its value in the 21st century is disputed. Some regard the concept as obsolete, while others still view it as an important contribution to a peaceful world. This book analyzes the contemporary international law concept of neutrality. At the heart lies the question of the present-day value of neutrality for international law. For a deeper understanding of the legal concept, a historical overview of neutrality is followed by a presentation of the different types of neutrality, along with a look at the remaining neutral states of the 21st century. An examination of the sources of neutrality law, its scope of application, as well as the detailed rights and duties of neutral States will answer the question of what it entails nowadays to be neutral in the legal sense. A clear distinction between the law and politics of neutrality is also important. Special attention is given to the traditional problem of exporting war materials, along with the newer developments of private militaries and security companies, as well as cyber warfare. The focus of the book lies on Switzerland as the archetype of a contemporary neutral state. (Series: Dike Law Books) [Subject: Public International Law, Neutrality Law, Swiss Law]
Author: Alexander Spring
Publisher: Dike Publishers
ISBN: 9783037516560
Category : Neutrality
Languages : en
Pages : 0
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Book Description
Even though 'neutrality' - the non-participation of states in international armed conflicts - is a well-known concept of traditional international public law, its value in the 21st century is disputed. Some regard the concept as obsolete, while others still view it as an important contribution to a peaceful world. This book analyzes the contemporary international law concept of neutrality. At the heart lies the question of the present-day value of neutrality for international law. For a deeper understanding of the legal concept, a historical overview of neutrality is followed by a presentation of the different types of neutrality, along with a look at the remaining neutral states of the 21st century. An examination of the sources of neutrality law, its scope of application, as well as the detailed rights and duties of neutral States will answer the question of what it entails nowadays to be neutral in the legal sense. A clear distinction between the law and politics of neutrality is also important. Special attention is given to the traditional problem of exporting war materials, along with the newer developments of private militaries and security companies, as well as cyber warfare. The focus of the book lies on Switzerland as the archetype of a contemporary neutral state. (Series: Dike Law Books) [Subject: Public International Law, Neutrality Law, Swiss Law]
Author: James Upcher
Publisher: Oxford Monographs in Internati
ISBN: 0198739761
Category : Law
Languages : en
Pages : 324
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Book Description
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Author: Kentaro Wani
Publisher: Taylor & Francis
ISBN: 1351978551
Category : Law
Languages : en
Pages : 245
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Book Description
Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.
Author: Stephen Neff
Publisher: Manchester University Press
ISBN: 1526170566
Category : Law
Languages : en
Pages : 235
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Book Description
Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is a survey of the history of law of neutrality from its mediaeval roots to the end of the twentieth century. The theme is the eternal clash between the rights of neutrals and belligerents - between the right of belligerents to defeat their enemies, and the right of neutrals to trade freely with all parties. Over the centuries, belligerent powers have devised various legal means of restricting neutrals from trading with their enemies, such as the law of blockade and contraband carriage. At the same time, neutral traders have done their best to evade and circumvent these restrictions. This book traces the evolution of state practice, together with the debates over the relevant doctrinal issues and the various attempts to reform and codify the law of neutrality.
Author: Alan T. Leonhard
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 176
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Book Description
In a tension-filled world characterized by opposing blocs of nations, the pursuit of the policy of neutrality by a few states such as Switzerland, Sweden, Finland and Austria may conjure up the vista of a peaceful oasis. But what is the actual meaning of neutrality at present, and what are the rights and obligations of governments that claim to be neutral? Are there differences in the concepts of neutrality as embraced by individual states? Have the legal concepts of neutrality been changing over time and especially during the last few decades? And can and do states adopt neutral stances on selected international issues while remaining partisan on others and what consequences flow from such foreign policy behavior? These and other questions regarding neutrality are examined and discussed in this volume co-published with the Institute for Comparative Study of Public Policy at the University of New Orleans.
Author: Christoffer C. Eriksen
Publisher: BRILL
ISBN: 9004215956
Category : Law
Languages : en
Pages : 268
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Book Description
This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”. The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research.
Author: Maartje Abbenhuis
Publisher: Cambridge University Press
ISBN: 1107037603
Category : History
Languages : en
Pages : 301
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Book Description
outside the continent. --Book Jacket.
Author: Kerry O'Halloran
Publisher: Cambridge University Press
ISBN: 1108481590
Category : Law
Languages : en
Pages : 529
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Book Description
O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.
Author: Wilhelm G. Grewe
Publisher: Walter de Gruyter
ISBN: 3110902907
Category : Law
Languages : en
Pages : 804
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Book Description
Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.
Author: Christopher T. Marsden
Publisher:
ISBN: 9781526107275
Category : Law
Languages : en
Pages : 258
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Book Description
This book explains the concept of net neutrality, its history since 1999, engineering, policy challenge, legislation and regulation, dividing it into its negative/"lite" and positive/"heavy" elements. He compares national and regional legislation and regulation of net neutrality from aninterdisciplinary and international perspective. He also examines the future of net neutrality battles in Europe, the United States and in developing countries such as India and Brazil. He explores the case studies of Specialized Services and Content Delivery Networks for video over the Internet,and zero rating or sponsored data plans. Finally, he offers co-regulatory solutions based on FRAND and non-exclusivity.This book is a must-read for researchers and advocates in net neutrality debate, and those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.
